Transcript mock trial 101

mock trial 101
A Brief Explanation
Caroline Hutchison and Sarah Stebbins
The Opening Statement
The Plaintiff/Prosecution goes first
Introduction
Make a GOOD first impression
Narrative
NOT an argument
Law
Have a case theme and theory
Witnesses
Be clear
Conclusion
Tell a chronological story
(Bring out your theme)
Give a clear outline of the case
Display each witness in their best light
Structure
How to Deliver the Opening
Facial Expressions
Tone
Eye Contact
Pitch
Movement
Volume
Practice-Polish
Pace
Pause
Variation
Repetition
Posture
Rhetorical Questions
Gestures (minimal)
Short Sentences
Questions w/ Answers
Witnesses
Witness Statement= God
Be entertaining (not over the
top)
Know when to pick your battles
Listen to the opening
Research to construct your
character
Listen during the trial
Be confident!
Types of Witnesses:
Practice with your lawyer
Character
Details matter!
Expert
Victim
Direct Examination
Discuss witness order with
fellow lawyers
Never ask a narrative question
Be natural
Organize
Don’t fidget excessively
Be brief, but allow time
Stand near jury
The witness is the star, not you
greedy lawyers
Know your questions
Avoid monotony in questions
Don’t surprise your witness
Questions should dovetail the
previous answer
Only redirect on REALLY
damaging points
Cross Examination
No open-ended questions
Bias, Points that help your side, and damaging points
for the other side are things to cross a witness on
DON’T go outside a witness’ statement
Smallest form possible for questions
Listen to the witness
Only impeach on important points-not for something
trivial
Impeachment
Discounting a witness’ credibility
Procedure:
re-ask question
“Do you recall making a sworn statement this morning?”
Present statement to opposing council
“Is this your signature?”
“Please read along as I read aloud...”
Read lines from statement
Objections
Relevance (401)
Speculation (602/701)
Hearsay (801)
Character Evidence (404)
Relevance
Most common objection
Easiest to use
Anything which isn’t relevant to the case at hand is
objectionable
Rule number: 401
Answer with “Your honor, this is relevant because...”
Speculation
Anything outside the scope of the witness’ knowledge,
or something that they are assuming is objectionable
Rule number: 602/701
Answer with: “This is rationally based on my witness’
perception because...”
Hearsay
An out of court statement offered for the truth of the
matter asserted
Rule number: 801
Answer with: “Your honor, this is not hearsay
because...”
Character Evidence
One witness/ a lawyer using a character’s past acts in
order to prove that they are acting in conformity with
that previous event
You CAN give character evidence on yourself (When
it’s good. Or if you’re silly, when it’s bad.)
Rule number: 404
Answer with, “Your honor, I am not using this to prove
conduct in conformity with past conduct, but rather to
show...”
How to Make an Objection
Stand up
Begin with “Objection, Your Honor”
State what you are objecting to and the rule number of
that objection
Be clear
Listen to response
Closing Argument
This one IS an argument
Clearing up points
Re-state theme/theory
Coordinate with other lawyers
Don’t say stuff that didn’t come
out in the trial
The Plaintiff/Prosecution
reserves the right to go last
Structure:
Introduction
Be memorized
Burden of Proof
Be prepared to improvise
Law
Argument
Conclusion
Other
You can object AFTER the other side’s closing if they
say something that didn’t come out in the trial.
Always stand up to address the Judge, always
address the Judge as “Your Honor”
Keep movement minimal
Help your fellow lawyers
Witnesses MUST stay in character the WHOLE trial